Below you will find answers to frequently asked questions regarding immigration enforcement. You can also reach OISS by phone during regular office hours (713-348-6095), send an email (oiss@rice.edu) or join our virtual & in-person walk-in advising hours (https://oiss.rice.edu/appointment). Please also see the rest of our website, as you may find the answer to your question on another page.

Note: The following FAQs are presented as a resource to the Rice University community from the Office of the General Counsel, but are not intended to serve as personal legal advice. For legal advice, individuals should consult with a licensed attorney.

IMMIGRATION ENFORCEMENT

Can federal immigration agents come to the Rice campus and enter campus buildings and other university property?

If they have a judicial warrant (a warrant signed by a federal or state judge), yes. Otherwise, they must ask Rice’s permission to enter.

Sometimes, immigration agents try to use an “administrative warrant” to enter a private area. This is not the same as a judicial warrant; an administrative warrant does not allow agents to enter private property without Rice’s permission. Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.

Here’s why this matters: all of Rice’s campus is private property owned by Rice University. Like other private landowners, Rice can decide who is allowed to enter campus.

If federal immigration agents ask Rice’s permission to enter campus, will Rice give them permission?

The law requires Rice to allow federal immigration agents on campus to discuss immigration matters with university officials, including the Office of International Students & Scholars (OISS). Also, Rice will comply with judicial warrants or other state/federal court orders. Except in these cases, Rice does not allow federal immigration agents on campus.

What should Rice staff and faculty do if a federal immigration agent (or other law enforcement agent) asks for access to a residential college or other part of campus?

● Ask the agent for their name, identification number and agency affiliation (some agents are dressed in plain clothes),
● Explain that you are not obstructing their process but need to consult with the Rice University Police Department (RUPD) for assistance;
● Then, immediately call the RUPD at 713-348-6000 (or on campus, dial 6000).

In what situations can federal immigration agents enter residential colleges?

They may enter residential colleges only if they have a judicial warrant (a warrant signed by a federal or state judge) that allows them to enter specific areas of the Rice campus.

Will the RUPD work with federal immigration agents to apprehend and remove individuals from campus?

RUPD has no plans to independently enforce federal immigration law. However, it must comply with judicial warrants given to it by other law enforcement agencies.

Also, in the rare event that RUPD arrests a person (for other reasons) and receives an immigration detainer from ICE, RUPD is required by law to hold the person until an ICE agent has interviewed the person.

What happens if a federal immigration agent tries to enter a residential college room?

Without a judicial warrant, federal immigration agents need Rice’s permission to enter any part of campus, other than to meet with university officials. Rice will comply with judicial warrants or other state/federal court orders. Except in these cases, Rice does not allow federal immigration agents on campus.

If an immigration agent tries to enter a residential college, they can be told “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant? If you don’t, you need to speak with the Rice University Police Department (RUPD) for assistance.” Then, immediately call the RUPD at 713-348-6000 (or on campus, dial 6000).

Can federal immigration agents enter off-campus apartments?

Not unless (1) they have a judicial warrant or (2) the apartment’s tenant allows them to enter.

What should staff members do if a federal law enforcement officer asks for or presents a subpoena for personally identifiable private information or records about a student or employee?

Immediately refer and escort them to the Rice University Police Department, or call the RUPD at 713-348-6000 (or on campus, dial 6000).

If a federal immigration agent starts asking me questions, what do I do?

Remain calm and do not run away. You can speak with them, or be completely silent – it’s your choice. Under U.S. law, you have a legal right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You also do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country.

What happens if I am arrested?

If you are arrested by federal immigration agents, remain calm, do not resist, do not run away, and do not provide false documentation. You have the right to a government-appointed lawyer, and should ask for one immediately. You can also tell them: “I invoke my right to remain silent and do not consent to your search of me or my belongings.”

If you are detained by an immigration agent, you have the right to hire a lawyer, but the government does not have to provide a free one for you. Ask for a list of free or low-cost alternatives.

If you are detained for an immigration violation, you have the right to call a lawyer or your family, and you have the right to be visited by a lawyer in detention. You have the right to have your lawyer with you at any hearing before an immigration judge. You can prepare by memorizing phone numbers for your family and your lawyer. Remain silent and don’t sign anything until your lawyer is present.

This link provides a guide from the National Immigration Law Center on your rights if arrested or detained: https://www.nilc.org/resources/know-your-rights-what-to-do-if-arrested-detained-immigration/

This link provides a guide from the ACLU on immigrant rights: https://www.aclu.org/know-your-rights/immigrants-rights

If I need a lawyer, how do I get one?

This link lists several Houston-area organizations that provide low-cost immigration legal services: https://www.accesshou.org/search/?service=legal&entity=program

In addition, Rice recommends the following Houston-area law firms, each of which have positive, recent experience navigating Rice faculty, students, and staff through difficult immigration matters:
● Foster LLP: 713-229-8733, https://www.fosterglobal.com/services/individuals-and-families/
● Andrew Gee of Gee & Zhang: 713-781-0071, https://www.gzimmigration.com/attorney/andrew-h-gee/

What information does OISS keep on file that they are required to share with ICE if requested?

Below is a list with examples of the information that OISS is required to keep on file and share with ICE, or any Department of Homeland Security or Department of State agent, if requested. This information is related to F-1 and J-1 students.

Student Personal & Biographical Information

• Full legal name
• Date of birth
• Country of birth and citizenship
• U.S. and foreign addresses (students are required to keep this information current in ESTHER so OISS can report changes as required))
• Email and phone number

Academic Information

• Program of study (major, minor, degree level)
• School name and campus location
• Start and end dates of the academic program
• Full-time enrollment status (must report if a student drops below full-time)
• Any authorized Reduced Course Load (RCL) approvals
• Academic suspensions, dismissals, or withdrawals

Immigration & SEVIS-Related Information

• SEVIS ID number
• Form I-20/DS-2019 issuance and updates
• Financial information (proof of funding for tuition and living expenses)
• Passport validity (must be valid at all times)
• Visa status and expiration date
• Change of status requests (e.g., from F-1/J-1 to another visa type)
• Transfer of SEVIS records to another institution

Employment & Practical Training

• On-campus employment (limited to 20 hours per week during the semester)
• Curricular Practical Training (CPT) authorization details
• Optional Practical Training (OPT) approvals, including start and end dates
• STEM OPT extensions and required employer reporting
• Employer information (for OPT participants, including job title, location, and supervisor details)
• Academic Training authorization details (J-1 students)

Departure & Status Changes

• Early withdrawals or terminations of study
• Leave of absence approvals
• Change of education level (e.g., from bachelor’s to master’s)
• Failure to maintain F-1/J-1 status (e.g., unauthorized employment, failure to enroll)
• Completion of studies and grace period compliance (60 days after program completion for F-1 students; 30 days after program completion for J-1 students)

If I have other questions, who do I contact?

Rice’s Office of International Students & Scholars (OISS) is able to support all Rice visa sponsored international students and scholars. OISS can also provide resource referrals on a limited basis to non-Rice visa sponsored individuals and be a safe space to talk about the challenges and all international students and scholars experience.

OISS offers daily virtual and in-person walk-in advising opportunities. Students and scholars will be seen on a first-come, first-served basis, so please be prepared to wait in line or in a Zoom waiting room before you are seen.

For more information and the schedule, please see https://oiss.rice.edu/appointment.